Tanya, let me know when they're in.
I sure will.
Thank you.
Thank you.
chair we have 32 attendees you may start when you like thank you good morning my name is bill
bergman and i will be chairing this morning's eba hearings with me is carol tenere or vice chair
present
Thomas Holliman our board member
present Mr. Chairman
James Snell our board member
present Mr. Chairman
and also Ismael Shahid our board secretary
he should be on very shortly
also with me is our executive director
Tanya Sunkett
and our board attorney Rebecca Cole
Before we start, here's our virtual format. Please be advised these proceedings are being recorded. By participating, you acknowledge your agreement to be recorded. Video will be available by contacting our Executive Director, Tanya Sunkett, at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating in my phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email address and the property, the address of the property in question.
And fourth, please note the question-answer box is not for testifying or comments.
Any comments should be directed to our Executive Director, Tanya Sunkit.
So let's right now look at continuances for this morning's hearings.
Number 14.
MI 2021-002628.
1931-33 Ron Street. Number 15, MI 2021-002607, 1938 North 24th. Number 16, MI 2021-002-827-2132
North Darien, and number 21, MI 2021-002, I'm sorry, MI 2021-004675-5122 Haverford Avenue.
Those four cases will be continued. Is there anyone in the virtual audience
who has any comments relative to those cases?
i did not see any hands mr chair are there any other contingencies requested
i see no hands at this time chair thank you we'll go to our add-on list
mi 2021 002 644 1701 south 25th street i vote yes for reconsideration and rehearing
Carol Tenere, my vote is yes for reconsideration and rehearing.
Thomas Holloman, my vote is yes to rehearing and reconsideration.
James Snell, my vote is yes to rehearing and reconsideration.
okay here go to our regular list mi 2021
Go to our regular list.
NI 2021-004698-1422.
Partner, interruption.
Interruption, this is Tanya.
We do have Mr. Richardson with his hands up about the continuous request.
Good morning, Mr. Richardson.
Good morning, Mr. Chair.
Charles Richardson.
Yes, Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Do you have a continuance request?
Yes, sir.
5832 Old York Road, appeal number ZP-2021-012523.
The attorney had actually sent in a request, and I believe it may have reached you guys already, but I don't know that it's been addressed as yet.
Okay, let me see here.
What number is that?
It's number 22, Mr. Chairman.
I think.
We have no exhibits with that.
is the attorney
is there an attorney on the line
I also know that there was no
RCO meeting that took place
we will continue
number 22 we have no exhibits and it's a
first listing thank you
thank you Mr. Richardson
Here we go. Number one, MI 2021 004698 1422 South Napa Street, RCO Tasker Morris Neighborhood, letter of support, Attorney Brent Feldman.
Chair, Mr. Feldman is coming back in as a panelist now.
Thank you.
Mr. Feldman
Mr. Feldman
Could you state your name and spell it for the court reporter please
Yes Mr. Chair and members of the board
Good morning Brett Feldman
1835 Market Street, Philadelphia, Pennsylvania
B-R-E-T-T, Feldman, F-E-L-D-M-A-N.
I represent the applicant affiliated to by LLC.
You swear for him to tell the truth, the whole truth and nothing but the truth?
I do, Mr. Chair.
And your applicant, what's his relationship to the property?
The owner.
Thank you.
Our vice chair has a few questions.
And, Mr. Feldman, do you agree to waive the reading of the refusal and stipulate to its accuracy?
It appears that you've sent in timely all of the required documents.
Is that correct?
Yes, it is correct.
Okay, you may proceed and share your screen.
Thank you.
Thank you.
Okay, can everyone see my screen?
yes great it's always the most stressful point for me um so again uh good morning uh members of
the board brett feldman i represent the applicant uh this is a um the cdc exhibits in front of you
exhibits uh one through uh ten which i'd ask to be incorporated into the record uh this is for
one single family home um this is uh as i'll show you this is one block in the tasker morris neighborhood
But it's actually, this is the, I think we've been here two or three times to the board previously.
I understand there's new board members, but as you see at exhibit tab four, we've had, this is just a smattering of the approvals on this block for 10 to 15 other single family homes that are exactly identical to this home that you see today.
Unfortunately, we couldn't make the other agendas.
So we're, this is the one that didn't make it to the agendas back a year ago or two years ago, but here we are.
I'll just go through this briefly. You'll see at Exhibit Tab 3 a letter of support from the
community. We worked out a lot of the issues in the past two hearings as far as staging and
underpinning and all those different issues. So this one was a little bit easier and we have
a little bit easier and we have another letter of support. Let me just move through the exhibits.
another letter of support.
With me today also is our project architect Logan Dry and Yossi Abraham who is the principal
of the company. Deeds, our tax cert and then let me just get to kind of the meat of the case.
taxer. And then this really, I think, summarizes the
case here. This is the block, the 1400 block of Napa Street. It's zoned single-family. We're
proposing a single-family home. The red homes, all the houses in the red have previously been
approved by the zoning board and we have zoning permits for uh this is the blue right here this
is the one uh that is in front of you today um the proposal for a um almost entirely entirely
co-compliant home um is is is what you'll see today um and i'll just get right to this here
again this is this is the block um these are pictures pictures on the block um
So our application today is for a home that has been, it's marked right here, it's imminently
dangerous and it's been boarded up and is really a blight on the neighborhood.
And then these are the other homes on the block that we had prior approvals.
There's the posting.
Here's L&I clean and seal because of the challenges it's been to keep this home.
without people getting into it. These are the zoning posters. And then here is our CO letter
of support. It was unanimous. Here are all the zoning permits for the other 10 to 15 homes that
we have on the block that we have approved. I'll just go through that real quickly.
Here's the refusal letter. Almost all the refusals I'll show you are for a little balcony
in the rear that once you put the balcony in the rear it impacts the rear yard setback so we we do
have actually the rear yard depth you need nine we actually have 11 but because there's this balcony
in the rear that is one of the primary refusals you'll see one two three of those grounds
and then there's a front setback refusal that we received we received that because we're trying to
match up with the existing homes on the left and right like we did on all the other ones. We tried
to make this as contextual as possible. So that is really the refusals, which are the same refusals
on all the other cases. And then here is the home. It is contextual, a three-story home, a little
setback here in the front like the other homes. And this is that balcony here. You measure,
We don't get credit for this part of the rear yard because the balcony is above, and that's primarily where our refusals are.
But we did want to have a little bit of outdoor space in the rear to make these as livable as possible.
Here is the zoning plan.
There's a garage. There's an easement in the rear where the garage is rear loaded and the space is under the home.
So there's no curb cut in the front. Here is the floor plans.
And Logan, our project architect, Logan, do you want to add anything?
or have I, I'm just asking Logan Dry, our project architect, if he wanted to add anything further
to my explanation of his plan. Mr. Feldman, I think you've explained that very well for us.
Okay. Okay. So with that, just notice the community meetings. And if we have any questions,
otherwise I can ask my client, Yossi Abraham, to adopt my comments.
What do you have your client? Okay. Uh, Mr. Abraham, are you on the line?
I've seen no hands with that name at this time, chair.
Okay. Mr. Feldman, you're an officer of the court and we will take your testimony.
Great. I will, I will accept, I will accept that. And, uh,
I would just add that all these exhibits be incorporated into the record.
Thank you. Questions from the board.
no mr chairman no mr chairman questions from the questions from the virtual audience
Questions from the virtual audience?
Chair, we have someone with their hand up.
It says call-in user.
Call-in user, could you unmute yourself and wait for the chair, please?
Could you state your name, please?
Hi, Tiffany Green.
Good morning, Chair.
I'm sorry.
I was trying to respond.
Ms. Green, wait a minute.
Wait a minute.
Could you do me a favor?
Could you spell your name for the court reporter?
Yes, Tiffany, T-I-F-F-A-N-Y, G-R-E-E-N, with the Concerned Citizens Appointing Brief RCO.
And I apologize, I had my hand up for you.
Were you involved in this case here?
No, I had my hand up for 1701, the reconsideration, and I wanted to address that.
But please, Chair, let me know when I can do that.
You still have, Tiffany, it's Carol Tenere.
You still have to be sworn in.
All right.
this isn't for our case now this is not the case that you want to be involved with though right
so so we will call that case and we will get to you okay um chair this is for the um reconsider
but i know that case has already been handled right so we're not going to call it 1701 has
already been handled that will be miss green we will relist that and we will make sure you're
notified that you could testify okay all right continue mr feldman i i think that was all i i
i just asked that the board uh any questions testimony any questions from the virtual audience
for this case i see no hands at this time chair planning commission good morning chair bergman
this is ian hegarty for the philadelphia city planning commission last name spelled h-e-g-a-r-t-y
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, sir. I do. Thank you. Thank you, sir. Members of the board, the comprehensive plan recommends no change to the existing single family zoning at this block.
For dimensional variances, board members were typically looking for the applicant to show as required by the code that the dimensional requirements of the code are causing an economic detriment and that the proposed size is consistent with the surrounding neighborhood.
those are the two criteria. The appellant here is proposing six dimensional variances,
none of which we feel are necessary to make use of the property as a single family dwelling,
and none of which are consistent with the built form of other houses on the block or in the
neighborhood. The non-conforming buildings, notwithstanding, that were recently approved,
we don't think that the applicant has submitted evidence to demonstrate that this is the form of
proposed building is consistent with the adjacent properties and so uh we don't believe the
hardship exists and we recommend that the board deny the variances thank you thank you and mi
2021 004698 1422 south napa street i vote yes carol tanari my vote is yes
james snell i vote yes
my vote thomas holliman my vote is yes thank you thank you as always for your time and
consideration be well thank you um case number two um this will be case two
to 13 and Tanya I'll read them all into the record yes please